Common Sense Approach
pp
to
Wisconsin Open Meetings Law
2009 WI Lakes Convention
Dan Hill
D
Local Government Center
Common Sense Approach
• Public Access
• Open DecisionM ki
Making:
information
gathering,
discussion, and
voting
Intent of Open Meetings Law
The Open Meetings
L
Law
i meantt tto
is
ensure:
– Advance public notice
of meetings,
– meetings are open and
accessible to the
public, and
– closed sessions are
li i d
limited.
–
–
–
–
•
Bodies subject
j
to
the law
local governing bodies of general and special
purpose units of government,
their committees, commissions and boards,
special study and advisory committees, and other
bodies or subunits created by a governmental
body or an officer,
officer and
governmental and quasi-governmental corporations.
(Body
y members covered by
y the law include citizen
members.)
Meeting defined
Meeting = a gathering of
members of a
governmental body for
the purpose of
exercising its
responsibilities.
A meeting occurs when
both a purpose test
and a numbers test are
met.
The Two Tests
Numbers test = enough
members of a body
are present to
determine the
outcome of an action
Purpose test =
discussion,
i f
information
i gathering
h i
or decision-making on
a matter within the
jurisdiction
d
of
f the
h
body.
Numbers Test
– By statute, if one-half of the members of
a b
body
d are present,
t there
th
is
i a presumption
ti
that a meeting has occurred, unless the
purpose
p
p
test is not met.
– A lesser number of members may meet the
numbers test if they can affect the
outcome.
outcome
Quiz Question
• Are these board
members in
violation of the
open meetings
ti
law?
Special Cases
Walking
g Quorum--A
Q
series of p
phone calls,, emails or conversations to “line up votes” or
conduct other business, known as a walking
quorum, violates
l
the
h law.
l
Phone conferences may constitute a meeting
if the
th numbers
b
and
d purpose tests
t t are met.
t
Public Notice Requirement
•
Every meeting shall be preceded
by public notice.
– Separate notice for each
meeting.
– Reasonably proximate to the
time and date of the meeting.
– Special exemption for subunit
meetings
ee gs held
e d du
during
g oor right
g
after lawful meeting of parent
body.
Public Notice: What?
•
•
•
•
Time
Date
Place
Subject Matter
Public Notice: What?
S j Matter
Subject
• Apprise public of what
will
ill be
b addressed.
dd
d
•
Only noticed agenda
items may be discussed.
• Specific.
• Does not grant citizens
right
i ht to
t participate.
ti i t
• Public comment period
mayy be included.
AGENDA FOR EXTENSION EDUCATION COMMITTEE MEETING
TUESDAY, MAY 14, 2002 - 7:00 P.M.
AG CENTER CONFERENCE ROOM, DARLINGTON
All Lafayette County Board Members are invited to this orientation meeting and their presence may
constitute a quorum of the Lafayette County Board. The only purpose of the meeting is for new and
continuing board members to learn about UW-Extension programs. No other county business will
be discussed.
1. Call To Order
2. Certification Of Proper Notice Of Meeting
3. Orientation To UW-Extension For New And Continuing County Board Members
4. Review Of Vouchers
5 Next Meeting Date
5.
6. Adjournment
Public Notice:
Notice When?
• At least 24 hours
prior (2 hours prior
f good
for
d cause).
)
Public Notice:
Notice To Whom?
• Recommendation is
to post in at least 3
locations.
Public Notice:
Notice To Whom?
•
Recommendation is to
postt iin att lleastt 3
locations.
• Notify official
newspaper, if
there is one; if
none, notify news
medium likely to
give notice.
Public Notice:
Notice To Whom?
•
Recommendation is to
post in at least 3
locations.
• Notify official
newspaper if there is
newspaper,
one; if none, notify
news medium likely to
give notice..
notice
• Must provide
notice to any
media requesting
it.
Public Notice: By Whom?
• Chief presiding
officer.
• Or designee, usually
the clerk.
• Ultimate responsibility
rests with
i h the
h chief
hi f
presiding officer.
Public Access
• Reasonable access.
• Anticipate large
crowds for
controversial topics.
• Proximate to the
public
bli served.
d
Permitted closed sessions
Closed sessions are limited to those
authorized by statute, including...
• Deliberations concerning a judicial or
•
•
quasi –judicial “case”.
Personnel matters including employee
discipline and licensing.
Deliberations on property
acquisitions, investments, or for
competitive or bargaining issues.
Closed session procedures
„
„
„
Convene in open
session.
i
Announce authority
and purpose of
proposed closed
session.
Cl
Close
session
i by
b a
majority vote,
g vote of each
showing
member.
Closed session procedures
„
„
„
Objecting body
members personnel
members,
essential to closed
discussion and members
of parent body may
remain.
Limit discussion to
announced
d items.
i
Do not reconvene in
p session unless it
open
was included in the
public notice.
Votes and Ballots
• No secret ballots,
except election of
officers.
• Any member may
request that a vote be
taken so that the vote
of each member is
ascertained and
recorded.
Votes and Ballots
• Vote in open session unless the vote would compromise the
needd ffor the
h closed
l d session.
i
• Record motions, seconds, and votes
• Preserve record and allow access per public records law.
law
Meeting minutes should document:
– p
proper
p notice,
– reasons for closed sessions, and
– motions, seconds, votes and procedural requirements.
Open Meetings Law
Vi l i
Violations
A court may void a
d i i made
decision
d att an
illegal meeting if
the public interest
in enforcement of
the Open Meetings
L outweighs
Law
t i hs
public interests in
sustaining
g the
decision.
Penalties
Any member
• $25-$300 nonreimbursable forfeiture.
• Attorney’s fees may or
may not be reimbursable.
• Loss of public trust.
• Personal embarrassment.
Resources:
–
Fact Sheet #1 Wisconsin Open Meetings Law
http://lgc.uwex.edu/program/pdf/fact1-03.pdf
Jim Schneider, UW-Extension Local Government Center
– Wisconsin Open Meetings Law: A Compliance Guide
http://www.doj.state.wi.us/AWP/2007OMCGPRO/2007_OML_Compliance_Guide.pdf
Wisconsin Department of Justice
Prepared by: Dan Hill and James Schneider,
Local Government Specialists, UW-Extension
Local Government Center
610 Langdon Street, #232
Madison, WI 53703
608-265-2852
dan.hill@uwex.edu